Kuwait Court of Cassation principle number 1235

Flagrante delicto. The criterion for its establishment. - Assessment of the circumstances accompanying and surrounding the offence at the time of its commission or afterwards, and assessment of their sufficiency to establish flagrante delicto. A matter of fact. The condition therefor. - The judgment answering the plea of invalidity of the search for lack of flagrante delicto by finding lawful the prison officer's procedure of searching him upon seeing him in an abnormal condition. Does not in itself indicate his consumption of narcotics. The judgment concluding that flagrante delicto existed and relying upon the officer's statements in this respect. Vitiates it and requires its cassation